Jenie Mallari-Torres Jan. 9, 2017, 3:56pm


SAN DIEGO – A San Diego County man alleges his insurer denied his disability claim without fairly investigating it.

Brian J. Casciari filed a complaint on Dec. 19 in the U.S. District Court for the Southern District of California against Provident Life and Accident Insurance Co. alleging breach of contract.

According to the complaint, the plaintiff alleges that on Feb. 12, 2016, he became disabled and suffered emotional distress damages from defendant's denial of his claim in April 2016 to benefits under an insurance plan. The plaintiff alleges he became disabled within the terms of his insurance policy and while said policy was in full force and effect.

The plaintiff holds Provident Life and Accident Insurance Co. responsible because the defendant allegedly failed to promptly, adequately and fairly investigate the claim, misrepresented the terms and conditions of the policy, and caused plaintiff thousands of dollars in legal fees to enforce the terms of the insurance contract.

The plaintiff requests a trial by jury and seeks judgment against defendant, special and punitive damages, interest, attorney’s fees, costs of suit, and other relief as the court deems proper. He is represented by Virgil A. Iler and Brooks L. Iler of Iler & Iler LLP in San Diego.

U.S. District Court for the Southern District of California Case number 3:16-cv-03052

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U.S. District Court for the Southern District of California
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San Diego, CA 92101

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